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JAWAHAR @ BABU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Jawahar @ Babu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4253 of 2005 [2005] RD-AH 5005 (27 October 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard learned counsel for the accused applicant, learned A.G.A. and perused the record.

Accused applicant Jawahar @ Babu son of Lalman Chaudhary has prayed for release on bail in case Crime NO. 115/04/2004, under Section 302 IPC, Police Station Ghughuli, District Maharajganj.

It is a case of patricide. Accused applicant is alleged to have shot dead his father on 1.9.2004 at about 6 a.m. when he was returning after easing himself when he fell down accused also gave a blow with some sharp edged weapon on his neck as a result their of neck was also cut. Incident was also seen by Mahendra Gaur, Rakesh, Pauhari and others.

Post mortem report shows that deceased received a gun shot wound and incise wound.

Learned counsel for the accused applicant has contended that the applicant has been falsely implicated in this matter. Applicant is son of first wife of the deceased. Mother of applicant had died earlier. Learned counsel for the accused applicant has contended that the accused has no motive to commit the murder of his father as he had already been separated from the property by giving his share.

Learned counsel for the accused applicant has also prayed that the wife of the applicant is ill and there are two minor children and that he be allowed a short term bail to look after them.

Learned A.G.A. has contended that incident took place in broad day light and was seen by the witnesses and there is no reason to discard their presence at this stage. He has further contended that accused has committed murder of his father and does not deserve for bail.

Considering the facts and circumstances of the case, but without prejudice to the merits of the case, accused is not entitled to bail and his application is liable to be rejected.

Application is hereby rejected.

Dated:27.10.2005

RKS/4253/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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